Section 190B:3-308 - Informal appointment proceedings; proof and findings required(a) In informal appointment proceedings, the court or a magistrate shall determine whether: (1) the petition for informal appointment of a personal representative is complete;(2) the petitioner has made oath or affirmation that the statements contained in the petition are true to the best of the petitioner's knowledge and belief;(3) the petitioner appears from the petition to be an interested person as defined in section 1-201(24);(4) on the basis of the statements in the petition, venue is proper;(5) any will to which the requested appointment relates has been formally or informally probated; but this requirement shall not apply to the appointment of a special personal representative;(6) any notice required by section 3-306 has been given; and(7) from the statements in the petition, the person whose appointment is sought has priority entitling that person to the appointment;(8) on the basis of the statements in the petition, the spouse and heirs are not incapacitated persons or minors; or if any are incapacitated persons or minors they are represented by guardians or conservators; and(9) a death certificate issued by a public officer is in the court's possession.(b) Unless section 3-612 controls, the petition shall be denied if it indicates that: a personal representative who has not filed a written statement of resignation has been appointed in this or another county of the commonwealth; unless the petitioner is the domiciliary personal representative or the domiciliary representative's nominee, the decedent was not domiciled in the commonwealth; and a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met.Mass. Gen. Laws ch. 190B, § 3-308
Added by Acts 2008, c. 521,§ 9, eff. 7/1/2011.